But where a plaintiff in execution, under which property had been taken, makes application to the bankrupt court, by petition, to allow the sheriff to proceed to sale, &c., and obtains the order asked, under which the proceeds are paid into the bankrupt court, he is bound by it. 1b After the close of a bankruptcy, property falling in to the bankrupt belongs to him, and not to the trustee in bankruptcy, although the bankrupt has not obtained an order of discharge. In re Pettit's estate. 336 Although under the ordinary statutes of limitations, the rule is that where the cause of ac tion is based upon fraud, the statute does not commence to run until it has become known to the party injured by the fraud, still, as by section 34 of the Bankrupt Act, it is positively provided that the discharge may be contested within two years after the date thereof, this must be taken as the limit, and the plea of the statute of limitation is a good plea in an action to set aside a discharge as fraudulently obtained. Pickt v. McGarick. 378 U. S. Circuit Courts may exercise the jurisdiction conferred upon them by the Bankrupt Act whenever it obtains jurisdiction of the parties, irrespective of the district in which the decree in bankruptcy was made. Burban,trix., v. Bigelow et al. 398 As to constitutionality of Amendatory Bankrupt Act of 1873, see CONSTITUTIONAL LAW. BAR. When a former judgment is set up in bar of a pending action, it is not required to be pleaded with any greater strictness than any other plea in bar. Gould ex rel. v. Evansville and Crawfordsville R. R. Co. 164 In the plea of a former judgment, the parties and the cause of action being the same, the prima facie presumption is that the questions presented for determination are the same, unless it appears that the merits of the controversy were not involved in the issue. A judgment rendered upon a demurrer to the declaration or other pleading in chief, is equally conclusive of the matter confessed by the demurrer as a verdict finding the same facts would be. If, however, the plaintiff fails on demurrer in his first action, for the omission of an essential alleg tion in his declaration, which is fully supplied in the second suit, the judgment in the first suit is no bar to the second. Ib As to time when action by assignee in bankruptcy is barred. See BANKRUPTCY. See also ESTOPPEL; EVIDENCE; STATUTE OF LIMITATIONS. The holder of such a raised bill is held to a knowledge of his own title, and of the endorsements of the bill prior to his. Ib. BILL OF LADING. A broker who comes into possession of goods without the knowledge or consent of his principal, ships the goods and takes a bill of lading, may by endorsement transfer the title to a bona flde pledgee, under the laws of Louisiana. Henry v. The Phila Warehouse Co. 217 A shipper or his assignee is bound by the value of the goods written in the bill of lading. El ins v. The Empire Transportation Co. 235 Where the written and printed parts of a contract are at variance the written must gov ern. BILL OF PARTICULARS. Ib CERTIORARI. Where detached coupons and interest warrants have been stolen, a bona fide transferee for value acquires a valid title to the coupons, but The right to the writ of certiorari to remedy not to the interest warrants. Evertsen v. Naa private wrong is lost, unless application is made for the writ within a reasonable time after tional Bank of Newport. 574 the commission of the wrong complained of; PAPER; and any laches must be satisfactorily explained. People ex rel. Lyon v. Com'rs of Police. As to rights of see NEGOTIABLE TOWN BONDS; RAILROAD BONDS. BOUNDARIES. A line between adjoining owners located and recognized as such for 20 years becomes a fixed boundary. Stewart v. Patrick. 56 503 The records of proceedings in an assessment cannot be reached by certiorari to the Mayor, As to estoppel from denying boundary line, &c., by one seeking to vacate the same. The People ex rel. Vanderpoel v. The Mayor, &c., of see ESTOPPEL. As to evidence of location of boundary, see EVIDENCE. As to change of boundary, see DEEDS. BREACH OF CONTRACT. BROKERS. A party employing broker to sell or exchange property, is entitled to his disinterested efforts and judgment. Hoyt et al. v. Howe. 177 If brokers, while so employed, bring to him a N. Y. CHARTER PARTY. See EVIDENCE. CHATTEL MORTGAGE. 575 When the parties to a sale of real estate stipulate at the time of sale, that on a resale, the granter is to have a portion of the profits, such to insist on a sale after the stipulated time. Such a transaction is not a mortgage- Macauley v. Porter. A common carrier is not liable for the non-stipulation is legal, but the grantor has no right delivery of goods taken from his possession by legal process, without any act, fault, or connivance on his part. The O. & M. R. R. Co. v. Yohe et al 26 Plaintiff having collected certain back pay money from the government as the agent of persons claiming to have been soldiers, cannot support an action against a carrier to whom he has delivered it pursuant to his principal's orders; nor will it aid him to show that the consignees' names were not on the government muster rolls; nor that a great length of time has elapsed since delivery to carrier and the consignees have not appeared, nor that consignees were not entitled to receive the money from the government. Thompson v. Fargo, treas'r, &c. 348 A forwarder who does an act in good faith, which results in a loss of the goods forwarded, is not liable to the consignee by whom he was employed. Stannard et al. v. Prince. 397 A carrier's liability continues until the consignee has had a reasonable time to call for, examine and remove the goods. Leavenworth, Lawrence & Galveston R. R. v. Maris. 592 A reasonable time is such as wonld enable 113 In cases of conditional sales where the title is to vest in the purchaser upon pavment of the price, the purchaser may perfect his title to the property at any time by tender of the price, although it is payable by installments and they are not que. If the debt was payable with interest, the purchaser must pay interest until the maturity of the debt. Cushman v. Jewell. 567 a municipal corperation, power to impose a tax given to the intention of the framers, and the for a private purpose 1b. construction should be a liberal one where the object is the prevention of abuses and a preservation of the public good. In the matter of the application of the Water Commissioners to acquire title, &c. 416 Chapter 49 of the laws of 1875 is not unconstitutional. The People v. Tweed et. al. 131 A license tax required for the sale of goods is in effect a tax upon the goods themselves. Wel- The provision of the constitutlon which deton v. State of Missouri. 139 clares that "no act shall be passed which shall of, shall be made or deemed a part of said act; I provide that any existing law, or any part thereor which shall enact that any existing law, or any part thereof, shall be applicable, except by inserting in it such act," applies to acts referring to existing local or private laws, or to laws State, and is not intended to require that all appropriating money to pay claims against the general laws must be incorporated in all subse. quent ones that may have reference thereto. A statute of a State which requires the pay-, ment of a license tax from persons who deal in the sale of goods, wares, and merchandize which are not the growth, produce, or manufacture of the State, by going from place to place to sell the same in the State, and requires no such license tax from persons selling in a similar way goods which are the growth, produce, or manufacture of the State, is unconstitutional and void. 1b. It was not the intent with which the Consti tutional Provision (Sec. 16, Art. 3) was framed, that the Title of an Act of the Legislature should contain all the details set forth in the act. Freeman v. The Panama R. R. Co. 143 The design of the Constitutional provision was to prevent the uniting of various objects having no necessary, or natural connection with each other in one bill. Ib The obligation of a contract can no more be impaired by a constitution than by ordinary legislation, Town of Moultre v. The Rockingham Ten Cents Savings Bank. 271 Although a contract is illegal by reason of creating an indebtedness beyond what was authorized by law, it is competent for the legisla ture to legalize it. Nelson v. The Mayor, &c., of N. Y. 313 It seems that iu case such a contract is illegal, that the contractor is not withaut his remedy, where the city has received and used the property. In such a case there is, independent of the contract, an implied obligation to pay its value. b In passing upon the constitutionality of an act ofaCongress, all the presumptions are in favor of the law, and courts will not pronounce it unconstitutioual unless its incompatibility is clear, decided and inevitable. Ib. An act of the legislature providing for the formation of corporations for manufacturing, mining, mechanical or chemical purposes, or for the purpose of engaging in any species of trade or commerce, foreign or domectic, does not permit the incorporation under it of a banking corporaIb. tion. Bank of California, v. Garth et al. 593 See CONSTITUTIONAL Law. In construing the constitution, effect must be CONTRACT. Where a party, under a contract, agrees that no charge for extra work shall be made after he shall have given a certificate that all claims for work are included in the payment demanded when he delivers his certificate, is estopped from claiming for extra work after receipt of the payment so demanded. Coulter v. Board of Education for the City and County o, New York. 7 The clerk of a board of school trustees has no authority to change the effect of such a certificate. Ib. A contract whereby one party agrees to advance money to another with which to bet or wager, the proceeds of which are to be divided, is not illegal, and the latter will be compelled to account to the former in respect of money 24 earned thereunder. Beeston v. Beeston. A contractor is liable to his sub-contractor for work done, although such work may be rejected by the party who originally let the contract; there being nothing in the agreement between the contractor and sub-contractor, which makes the approval of the work by the original party necessary. Woodruff et. al. v. Iough et. al. 77 When an employee under a contract for pay. ment of money by installments for a term of service is discharged without cause, he can only recover for the amount that would have been due, had he continued in service, at the time the suit was instituted. Hamiin v. Race. 117 |